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Requesting a Writ of Mandamus in Nj

Decent Essays
I. Why do we want a Writ of Mandamus?
In general, a writ of mandamus can be described as an order, “commanding the performance of an act that the law requires as a clearly defined duty, arising from an office, trust, or station.” 55 C.J.S. Mandamus § 1. Moreover, a writ of mandamus may be issued to command a nongovernmental body, such as a medical licensing board, to perform a specified duty imposed by law, and can also be invoked to control flagrant abuses of discretion. Id. For example, in some instances, upon judicial review, if a court is satisfied that the applicant is entitled to a license, it may order the license issued notwithstanding the boards denial of the license. 70 C.J.S. Physicians and Surgeons § 38.
In New Jersey,
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Thus, this first element is likely satisfied.
III. Which division of the New Jersey Superior Court is the most appropriate forum?
As mentioned above, the last element a court considers when determining whether to permit review is whether the proper forum has been selected. Rule 2:2-3(a) was promulgated by the Supreme Court pursuant
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